Former employees at the company’s 13 breweries — including some in high-level positions — are cooperating with the plaintiffs, said San Rafael, Calif., lawyer Josh Boxer, the lead attorney in the case.

“Our information comes from former employees at Anheuser-Busch, who have informed us that as a matter of corporate practice, all of their products [mentioned in the lawsuit] are watered down,” Boxer said, according to the Associated Press. “It’s a simple cost-saving measure, and it’s very significant.”

The excess water is added just before bottling and cuts the stated alcohol content by 3% to 8%, he said.

ABI, naturally, is calling the lawsuit “groundless,” but it will be interesting to see how it all plays out.

UPDATE 2: I’ve seen a lot of commentary on this story in the interwebs suggesting that since there appears to be no test results from the Plaintiffs in this case that perhaps they are simply confusing high-gravity brewing with actively lowering the final alcohol percentage, which is a reasonable assumption. But there may be another possibility. Thanks to Stan at Appellation Beer for pointing out a post from last October by Gary Spedding at his Alcohol Beverage Testing News. I’ve known Gary for a number of years. He runs a lab in Kentucky called Brewing and Distilling Analytical Services, LLC and also most years presents an orientation exercise for GABF judges the day before we start each year. It’s sort of a continuing education component of the judging experience. His presentations are always interesting and informative and, needless to say, Spedding’s expertise is unassailable.

Bud has been our control beer in our laboratory … for calibrating our alcohol instruments Bud goes in after calibration to see hopefully 5.00% abv. pretty much on the nose. Not so recently. Now as low as 4.94% after slipping from 4.98% earlier in the year. Losing it graces by higher airs it may be toppling from its top spot and is no longer our control beer of choice. But it is changing. A tale of two Buds (early and late) would reveal much more. Over the years the international bitterness content has declined from about 12 in the late 90’s to 7-8 today — another parameter to watch.

That original post also included a discussion of increasing oxygen levels, but Spedding had a lengthy discussion with Paul Cobet, who’s the Director of the Technical Center for ABI in St. Louis. The oxygen question is apparently now less of a concern and appears to be instrument-driven, and Gary updated that with a newer post, Regaining its Graces — Driving Oxygen Down — Good for Budweiser. So while the plaintiffs may not have tested the beer — still odd, admittedly — there is apparently some reason to think their case may hold water after all.

Comments

I’ve said this elsewhere, but I believe it is common brewing practice by AB to brew a stronger beer, saving tank space, and then water it down to the correct ABV. I suspect this lawyer got half the story and doesn’t understand what he’s talking about. Of course employees confirmed they water down the beer, that’s how they brew it. You’ll note that, so far, there is no mention of the beer testing at a different ABV. Maybe they’ve done that test, but it seems odd they don’t mention it.

ATTTB does allow wiggle room on those ABV numbers, and I’m pretty sure 0.1% is well within it. That would make it legal…but if it’s consistently just a little under, that would seem to indicate intent. Once is an accident, twice is coincidence, three times is enemy action.

I assumed that there was an allowed variance, but what was interesting was that Gary saw it as a trend he’d been noticing with increasing frequency. That suggests, as you say, “intent” or “enemy action.”